Ask The Judge: Last Word, Verdict, Movie Deals

Editor's Note: As ongoing extended coverage of the Casey Anthony trial, WESH 2 News legal analyst Judge O.H. Eaton Jr. is answering questions about the case. Do you have a question you would like Eaton to answer? Click here to send it via email. Please include your name and city.

Can you explain to me the difference between a hung jury versus the jury reaching a not guilty verdict? -- Beth, Seattle, Washington

A ?hung jury? is a jury that cannot reach a unanimous verdict, whether it be guilty or not guilty. In the event of a hung jury the concept of double jeopardy does not apply and the case may be set for retrial. On the other hand, a not guilty verdict is a Constitutional finding that invokes the double jeopardy clause of the constitution and the defendant cannot ever be retried for the offense in the future. -- Judge O.H. Eaton

Impeachment

I knew there was impeachment, but how do you impeach a witness in a murder trial? What then happens to the person that is being impeached? -- Norma

Impeachment invites the jury to give the testimony of the witness impeached less weight. Examples of impeachment include inconsistent statements, prior criminal record, inability to remember, and receipt of money or another benefit to get the witness to testify. This list is not complete. The witness who is impeached suffers no penalty unless the witness has committed the crime of perjury on the stand. However, the jury may disbelieve the witness and that may affect the outcome of the case on trial. -- Judge O.H. Eaton

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Contempt of Court

During the course of this trial, three individuals have been found guilty of contempt of court. How can they be tried and sentenced without the assistance of counsel? The proceedings seem to violate their constitutional rights under the Sixth and Fourteenth amendments. -- Jason

There are three forms of contempt. In direct contempt, the offense takes place in the presence of the judge and therefore there is no need for a trial. Direct contempt can be punished summarily. Indirect contempt takes place out of the presence of the judge, such as failure to obey a court order. In that case, the defendant is entitled to receive a charging document called an Order to Show Cause and to be informed of the nature of the contempt charge. The rules of criminal procedure apply, including the right to a jury trial and the right to counsel. There is a third kind of contempt called civil contempt. Civil contempt is not punitive. It is coercive. For instance, if a person is ordered to pay child support and willfully fails to pay while having the ability to do so, the person can be issued an Order to Show Cause and, after a hearing, can be ordered to jail until the support is paid. -- Judge O.H. Eaton

Verdict

Is it possible for Casey Anthony to face death for count 2, aggravated child abuse due to neglect? -- Jackie, Nashville, Tenn.

The only charge that is punishable by death in the United States is first-degree murder. Legal scholars debate whether treason can be punishable by death, but there have been no cases to test that theory. -- Judge O.H. Eaton

Last Word

Why does the state get a chance for rebuttal after closing arguments but the defense does not? Doesn't that give an unfair advantage to the state? Tonia Blanton, Sanford

The party who brings a case to court (the Plaintiff) has the burden of proof. That means the Plaintiff must produce evidence to prove the allegations involved in the case. Traditionally, the party with the burden of proof is entitled to a rebuttal argument. -- Judge O.H. Eaton

Childhood Friends

Why didn't they bring out the friends Casey grew up with? They only brought out the current ones. -- Stacy, Sanford

Witnesses can only testify if they have relevant evidence ? evidence that has something to do with the issues in the case. -- Judge O.H. Eaton

Another Jury

Since this case has been so widely publicized, do you think it still possible to find a jury that has not already made an opinion of guilt or innocence in this case; should there be a mistrial and have to be retried at a later date? -- Y. Murphy, Sebring

It would be very difficult to find another jury. However, the question is not whether the prospective juror knows something about the case ? the question is whether the juror can put aside whatever he or she knows and decide the case on the evidence presented in the courtroom. -- Judge O.H. Eaton

Jury Pay

What is the mechanism for paying jurors, particularly in a drawn-out trial such as this? Are they issued checks every week or two weeks, or something else? What provisions are made to allow them to use these funds to cover their household expenses while they are tied up in court? Diane, Ocala.

Florida Statute 40.24 provides that jurors who are employed receive no compensation for the first three days of service and $30 per day thereafter. Jurors who are not employed receive $15 per day for the first three days and $30 per day thereafter. Juror compensation is paid after service is completed by the clerk of the court. Mileage and other expenses are not paid. Many states pay jurors more than this pittance for jury service. -- Judge O.H. Eaton

Books, Movie Deals

Looking to the future, is there any way to keep the entire family from profiting off of books, movies, interviews, etc.? -- Lois, Dunnellon

Florida law prohibits a person convicted of a crime from profiting from the case. Any money or royalties received by the convicted criminal must be paid to the Crimes Compensation Trust Fund. Anyone else can profit without government interference. I plan on playing myself in the movie. -- Judge O.H. Eaton